Opinion
Opinion By: Gregory D. Stumbo, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Kentucky State Police (KSP) did not violate the Open Records Act in denying Charles E. Hensley's request for copies of records of Case No. 10-00-2725 on the basis that the requested records relate to its ongoing investigation and, thus, are exempt from disclosure under KRS 61.878(1)(h). We believe that 97-ORD-126 and 96-ORD-25, copies of which are attached hereto and incorporated by reference, are controlling. Once the prosecution is completed or a decision to take no legal action has been made, the investigative records will be subject to public inspection unless excluded under another statutorily recognized exception of the Act.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceedings.
Charles E. Hensley, # 163297Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472
Deborrah ArnoldCustodian of RecordsKentucky State Police919 Versailles RoadFrankfort, KY 40601
Morgain M. SpragueStaff AttorneyKentucky State Police919 Versailles RoadFrankfort, KY 40601